Terms & Conditions of Sale

Stone Fireplaces, LLC
An Illinois Limited Liability Company
Email: [email protected]
Phone: 888-652-0106
Website: artisankraft.com

Last Updated: 2026

Stone Fireplaces, LLC, an Illinois limited liability company, is the sole legal entity responsible for all products and services described herein. Stone Fireplaces, LLC may operate or market under one or more trade names or brands, including "Artisan Kraft." Any such trade names or brands are not separate legal entities and are not parties to this Agreement. All purchases and transactions are exclusively with Stone Fireplaces, LLC. No claim, action, or proceeding arising out of or related to this Agreement may be brought against any trade name, brand, or licensor under which Stone Fireplaces, LLC operates.

Geographic Scope and Jurisdictional Limitations

This website is operated from the United States by Stone Fireplaces, LLC, an Illinois limited liability company.

Website Checkout — United States Only. Our e-commerce checkout is available only to customers with billing and shipping addresses in the United States. Customers located outside the United States are not able to complete a purchase through the website checkout.

Orders From Canada and Other Locations Outside the United States. We serve customers in Canada, and may serve customers in other locations outside the United States (for example, destinations in the Caribbean), on a case-by-case basis through a separate direct-order process only. Such orders are not placed through the website checkout. Customers outside the United States who wish to purchase our products must contact us directly by email at [email protected] or by phone at 888-652-0106. Any such sale will be documented by an invoice or written agreement incorporating these Terms & Conditions of Sale (and any additional terms we require), which must be accepted in writing (including by signature or by payment) before any order is accepted. The Company reserves the right, in its sole discretion, to decline any such inquiry or order for any reason.

European Union, EEA, and United Kingdom. This website is not directed to, marketed to, or intended for users or customers located in the European Union (EU), European Economic Area (EEA), or United Kingdom (UK). We do not advertise to those jurisdictions, do not offer the website in EU/EEA languages, do not transact in Euros or other EU/EEA currencies, and do not use analytics or advertising tools that target users in those jurisdictions. EU, EEA, and UK residents are not able to complete a purchase through the website checkout. If an EU, EEA, or UK resident wishes to inquire about purchasing our products, they must contact us directly by email or phone; any such transaction will be handled through the separate direct-order process described above and will require written acceptance of applicable terms prior to order acceptance.

Access From Outside the United States. Users who access the website from outside the United States do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable local laws of the jurisdiction from which they access the website. By accessing the website from outside the United States, you acknowledge that (i) any personal information you voluntarily submit will be transferred to, stored, and processed in the United States under United States law, and (ii) we make no representation that the website or any products or services described on it are appropriate, available, or lawful for use outside of the United States.

We reserve the right, in our sole discretion, to refuse service, decline orders, or restrict access to the website or checkout from any jurisdiction.

Sales Through Third-Party Marketplaces. We may also offer products for sale through third-party online marketplaces (such as Etsy or Wayfair). Purchases made through a third-party marketplace are transactions with Stone Fireplaces, LLC but are also subject to the terms, conditions, and policies of that marketplace. Where a marketplace requires policies for purchases made on its platform (including payment, dispute, or return policies) that differ from this Agreement, those marketplace policies govern that purchase to the extent the marketplace requires; in all other respects, this Agreement applies to marketplace purchases to the maximum extent permitted.

Definitions

"Agreement" means these Terms & Conditions of Sale.

"Buyer" and "you" means the person (individual, corporation, or other legal entity) purchasing products and/or services from us. It includes, as applicable, a general or other contractor, agent, or other third party purchasing our product(s) and/or services as part of or in connection with a larger construction or renovation project.

"Charges" mean cost items on an invoice that are not the price of products or services.

"Company," "us," and "we" mean Stone Fireplaces, LLC, an Illinois limited liability company.

"Competitor" means a company or other business entity that is engaged in a business that is the same as or similar to ours.

"Confidential Information" means the contents of any of the following prepared or provided to you by us: estimates, invoices, orders, all communications including emails, telephone calls, and video conferencing, product or services descriptions, drawings or other representations, manufacturing processes and scheduling, and all pricing and related information. If we participate in a bidding process, Confidential Information includes all information contained in our bid or otherwise provided orally or in writing.

"Custom duty" includes any duty or charge of any kind imposed on or in connection with the importation or exportation of a good, including any form of surtax or surcharge imposed on or in connection with such importation or exportation and "custom duties" has a corresponding meaning.

"Custom product" means a product(s) manufactured to the specifications of an individual buyer (i.e., made-to-order) and "custom order" has a corresponding meaning.

"Goes into production" refers to a custom product and means that we have placed an order for materials from our supplier and added your order to our production schedule (the actual start date for manufacture subject to the timing of our receipt of materials).

"In-stock product" means a product(s) from inventory and "in-stock order" has a corresponding meaning.

"Invoice" means our itemized bill for products, services, charges and, if applicable, taxes, made up of individual prices or costs, the total charge, and this Agreement, incorporated by reference thereon.

"Order" means all of the custom or in-stock products and services you purchase from us, together with any charges and, if applicable, taxes, all as set out on the invoice.

"Product" means the product you purchase from us and "products" has a corresponding meaning. Mantels and overmantels are examples of products. Other examples of products include bathtubs, range hoods, and various architectural items.

"Taxes" means any applicable sales or other tax.

"Services" means services we provide to you, such as design consultation, shop drawings, and other services described on your invoice.

Acceptance of Terms

By placing an order, submitting payment, signing an invoice, approving shop drawings, or otherwise proceeding with a transaction, you acknowledge and agree to be bound by these Terms & Conditions of Sale. These Terms form a legally binding agreement upon acceptance.

Acceptance may occur through one or more of the following methods:

(i) Execution of a written agreement or invoice;
(ii) Submission of payment in full or partial payment as agreed in writing;
(iii) Email confirmation or written approval of an order;
(iv) Reply to an invoice or order email confirming specifications, dimensions, pricing, or any other order details;
(v) Providing a phone number that authorizes transactional text messaging related to your order;
(vi) Use of any website checkout process incorporating these Terms.

All binding aspects of your order — including pricing, specifications, dimensions, materials, finishes, and order approval — must be confirmed in writing (via email, signed invoice, or written agreement). No order is binding and no specifications are confirmed based on verbal communication alone. Phone calls with our representatives are for discussion purposes only; any changes, approvals, or order decisions must be documented in writing for them to be effective.

An email or other acknowledgement of your order is notification that it has been received, not acceptance of it. We may decline an order for any reason, e.g., if there has been a pricing error on our website or in our printed literature.

Electronic Signatures. You consent to the use of electronic signatures and electronic records in connection with your transactions with us. You acknowledge that electronic signatures and records are legally binding and enforceable to the same extent as physical signatures and records under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar state and provincial laws.

Eligibility

By placing an order, you represent and warrant that: (a) you are at least 18 years of age and have the legal capacity to enter into binding contracts in your jurisdiction; (b) you have authority to enter into this Agreement, including on behalf of any business or organization on whose behalf you are ordering; (c) if you are using the website checkout, your billing and shipping addresses are located in the United States; and (d) you are not located in, or ordering from, any country or region subject to U.S. trade sanctions or embargoes, and you are not listed on any U.S. government list of prohibited or restricted parties.

Accessibility

This Agreement is available in an accessible format or alternative language upon request. If you require this Agreement in large print, audio, or another format, please contact us at [email protected].

Estimates, Order Acceptance, Payment, Pricing, Billing, Account Information

1. Estimates expire after 30 days.

2. The total cost of your order is the price for the products and/or services, charges and, if applicable, taxes, all as set out on the invoice, including any adjustments described in this Agreement.

3. (a) Your custom order is accepted and your product(s) goes into production when we receive:

(i) Payment in full of 100% of the total invoice amount, unless otherwise agreed upon in writing and approved by the Company. Orders placed through the website checkout are paid in full at the time of purchase.
(ii) Payment of the full invoice amount (or such other amount as may be agreed in writing) will serve as acceptance of all terms, including this Agreement.
(iii) An email or other acknowledgement of your order is notification that it has been received, not acceptance of it.
(iv) We may decline an order for any reason, e.g., if there has been a pricing error on our website or in our printed literature.
(v) Custom orders cannot be changed after going into production, i.e., you cannot pick a different mantel design or alter the dimensions.
(vi) All payments received toward a custom order are non-refundable once received, except as expressly provided in Sections 14 and 16 of this Agreement or as required by applicable law. Payments represent a good-faith allocation of resources and costs already incurred and committed by the Company, including but not limited to: design development, CAD drawings and engineering preparation, material sourcing and procurement, production scheduling, administrative and project coordination time, and labor allocation and factory planning. Buyer acknowledges that upon payment, the Company immediately commits time, labor, materials, and production capacity to the order. Accordingly, payments are not a penalty, but a reasonable and agreed-upon recovery of committed costs and lost production opportunity. In the event the Company agrees in writing to accept partial payment to commence production, any such partial payment shall be treated as a non-refundable deposit subject to the same terms set forth herein.

(b) Your in-stock order is accepted and your product(s) will be prepared for delivery when we receive:

(i) Payment in full.
(ii) A signed copy of the invoice indicating your acceptance of all terms, including this Agreement (or, for website orders, completion of the checkout process incorporating these Terms).
(iii) An email or other acknowledgement of your order is notification that it has been received, not acceptance of it.
(iv) We may decline an order for any reason. We reserve the right to refuse any order placed with us. In our sole discretion, we may impose limits or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders placed under the same customer account and/or orders using the same billing and/or shipping address. If we make changes to or cancel an order, we will make reasonable efforts to notify you.
(v) In-stock orders cannot be changed after being scheduled for shipping.

4. The balance of the invoice amount, if any, is payable when we advise that your product(s) has been manufactured and is ready to be shipped to the destination you indicated on the invoice. Your product will not be shipped until we receive payment in full, including any adjustments described in this Agreement.

5. Payment Methods.

(a) Website orders. Orders placed through our website checkout are paid in full at the time of purchase in U.S. dollars, through our third-party payment processor, Stripe, using the payment methods offered at checkout (which may include major credit cards and digital wallets such as Google Pay). Payment processing is subject to Stripe's terms and privacy policy. We do not receive or store full payment card numbers.

(b) Direct orders. For orders placed directly with us (by invoice), we accept payment by check, wire transfer, or electronic (ACH) transfer in U.S. dollars. Make checks payable to Stone Fireplaces, LLC. If you pay by check, we receive payment when the check clears, usually 2 to 5 days. Credit card payment on direct orders is accepted at our discretion and is subject to Section 6.

6. Credit Card Processing Fee. Where payment is made by credit card, a credit card processing fee may be applied. This fee is calculated and applied automatically through a third-party surcharge compliance service (Yeeld) in accordance with card network rules and applicable U.S. state and Canadian provincial law. The fee will not exceed our actual cost of card acceptance or the maximum amount permitted by the applicable card network or applicable law, whichever is lower; will be disclosed to you before you complete payment and itemized on your receipt; applies to credit card transactions only and is never applied to debit or prepaid cards; and is not applied in jurisdictions where credit card surcharging is prohibited. You may avoid the fee by paying with a debit card at checkout, or by paying by check, wire transfer, or ACH on direct orders.

7. (a) If framing is required in connection with the installation of your product (e.g., mantel, over-mantel), the framing must be completed by your contractor prior to installation. Framing is the construction of a frame to support a mantel, and framing materials include 2" x 4" wood or engineered wooden beams, or structural steel. The Company does not provide framing services.

(b) The Company does not perform installation of Products. Buyer is solely responsible for engaging a qualified, professional contractor to install the Product.

8. Ensuring the accuracy of billing and account information.

(a) Orders Placed by Dealers, Resellers, or Distributors: In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors. This measure ensures fair distribution and availability of our products to individual customers.

(b) Accurate Purchase and Account Information: To facilitate successful transactions and effective communication, you agree to provide current, complete, and accurate purchase and account information for all transactions made on our store. It is your responsibility to promptly update your account details and other information, including your email address, to ensure accuracy and completeness.

Sales Tax

9. (a) The Company collects sales tax on orders shipped to destinations where it is required to collect sales tax under applicable law. Applicable sales tax, if any, is calculated automatically at checkout or on your invoice using a third-party tax compliance service.

(b) The states in which we are required to collect sales tax may change over time as our sales volumes reach economic nexus thresholds under state tax laws following the decision of the U.S. Supreme Court in South Dakota v. Wayfair, Inc., 138 S. Ct. 2080 (2018). The tax shown at checkout or on your invoice reflects our collection obligations at the time of your purchase.

(c) If you are purchasing product(s) for resale as part of our Trade program, you will be required to submit a valid Resale or Sales Tax Certificate (or the equivalent applicable in your state). Without that documentation, sales tax will be collected where we are required to collect it.

Custom Order Lead Times, Shop Drawings, Rush Orders

10. (a) Lead times. Lead times vary by product type, materials, and production schedule. The estimated lead time for your order (from order acceptance to packed for shipping) will be communicated to you at the time of your order or on your estimate or invoice. All lead times are estimates only, are not guaranteed, may fluctuate (especially during peak seasons), and are subject to change.

(b) Shop drawings. We have shop drawings (CADs) for most of our standard items. We provide shop drawings when we deem they are required for your order.

The architecture, engineering, and design of any project using our cast stone or natural stone products are the responsibility of the project's design professional, contractor, architect, and installer. All systems and products, including but not limited to fireplace mantels, range hoods, bathtubs, and architectural surrounds, must meet all applicable state and local building codes and safety standards. We disclaim any liability for the engineering, architecture, design, or workmanship of any project using our stone materials. Information in this specification reflects standard product details as of the publication date and is provided in good faith. Any CAD drawings or design files provided by us are intended solely as a guide for design and general proportion and should not be used as finalized construction or engineering documents. These are not intended for any construction, engineering, or safety use. We assume no expressed or implied liability for the architecture, engineering, or workmanship of any project.

(c) When shop drawings are provided, you will be required to carefully review and sign off on shop drawings before your product is manufactured. The completion of shop drawings is contingent upon our receipt of accurate information from you. Errors are your responsibility. The lead time when shop drawings are required begins when you sign off on the drawings.

(d) Rush orders. If you require a rush order, a charge of 25% will be added to your invoice. The estimated rush lead time for your order will be communicated to you at the time of your order. Rush lead times are estimates only, and additional variables may apply that would extend the rush lead time.

Force Majeure

11. The Company shall not be liable for any delay or failure to perform any obligation under this Agreement to the extent such delay or failure is caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquakes, pandemics or public health emergencies, war, terrorism, civil unrest, governmental actions, labor shortages, labor disputes, supply chain disruptions, material shortages, transportation delays, utility or telecommunications failures, internet or website outages, cyberattacks, power outages, and other events beyond our reasonable control. In such cases, we are not responsible for any resulting loss or inconvenience. The affected party shall provide prompt written notice and use commercially reasonable efforts to resume performance.

Confidentiality

12. Buyer acknowledges that the Company's pricing, designs, and business methods are proprietary. By requesting an estimate, soliciting and/or accepting a bid from us, or placing an order with us, you agree to use reasonable efforts not to disclose or share Company pricing, proposals, or Confidential Information with a competitor or third parties, except as necessary for the completion of your project. If we have submitted a bid, you agree that you will not disclose Confidential Information to another bidder(s). This provision is intended to protect the Company's legitimate business interests and is not intended to restrict lawful consumer rights, including the ability to leave reviews or discuss general experiences. This confidentiality obligation continues for a period of five years from the date on your invoice.

Change Orders, Invoice Adjustments, Cancellation

13. Change Orders for Custom Products

(a) Estimates and orders for custom products are based on dimensions calculated in accordance with measurements you provide. It is your responsibility to double-check your order to verify its accuracy, including dimensions. If you make a change that affects the product's dimensions before your custom product(s) goes into production, we reserve the right to adjust your invoice amount.

(b) Custom orders cannot be changed after going into production. In-stock orders cannot be changed after they have been packed for shipping without payment of applicable restocking charges.

14. Other Invoice Adjustments

(a) We reserve the right to initiate adjustments of up to 15% of the total invoice after your custom product(s) goes into production. Adjustments above this 15% threshold are not anticipated under normal circumstances. In the event the Company seeks to impose an adjustment exceeding 15% of the total invoice (other than adjustments resulting from changes to tax rates or the imposition of additional taxes, which are not subject to the 15% cap), Buyer shall have the option to either (i) accept the adjusted invoice amount, or (ii) cancel the order by providing written notice to the Company within seven (7) days of receiving notice of the proposed adjustment, in which case the Company will refund amounts paid by Buyer, less any costs already incurred in the production of the order.

(b) We may initiate an adjustment because of an increase in the price of raw materials or our cost of labor, a change to tax rates, or the imposition of additional taxes. In the case of an obvious or clerical pricing error on our website, in our printed literature, or made by a Company representative, we reserve the right to correct the invoice amount, provided Buyer is given written notice of the correction and has the option to cancel the order in the event of a material correction.

(c) We reserve the right to initiate an adjustment before or after you have made (and we have received) payment and we have accepted your order.

(d) In the event that increased costs of materials, labor, transportation, tariffs, or other unforeseen economic factors make performance commercially impracticable or materially more burdensome, the Company reserves the right, in its sole discretion, to adjust pricing as outlined herein, or to cancel the order upon written notice to Buyer. In the event of cancellation by the Company due to such circumstances, the Company will refund amounts paid by Buyer less any costs already incurred, including but not limited to design, materials, and production commitments. Buyer acknowledges that pricing in the construction materials industry is subject to volatility and agrees to these terms as a condition of sale.

15. Switching In-Stock Items. If you wish to change an in-stock order to a different in-stock item after the order has been packed for shipping, we may, at our sole discretion, accommodate the switch. Any such change is subject to the following:

(a) A re-stocking charge will be added to your new invoice. We will advise you of the applicable charge amount, which must be paid before your new product is shipped;

(b) Payments already made toward the original in-stock order, including any deposits, are non-refundable. Such payments may, at our discretion, be applied toward the cost of the new in-stock item, minus the re-stocking charge and any additional costs associated with the switch;

(c) Additional costs may include re-packaging, new shipping arrangements, administrative fees, and any price difference between the original and replacement item;

(d) Switching between in-stock items does not constitute a cancellation and does not entitle Buyer to a refund. Buyer acknowledges that costs are incurred by the Company in accommodating any such switch, and that payments are applied toward these costs.

Returns, Refunds, and Cancellations

ALL SALES ARE FINAL. NO RETURNS. NO REFUNDS.

16. (a) All Sales Final. Due to the custom, made-to-order, and high-value nature of the Company's products, all sales are final. Buyer acknowledges and agrees that products are manufactured to order or prepared specifically for shipment, that products are not stocked consumer retail goods, and that the Company does not accept returns and does not provide refunds. No right of return, refund, or cancellation exists except as expressly provided in this Agreement (including Sections 14(a), 14(b), and 14(d)) or where required by applicable law.

(b) Committed Costs. Buyer acknowledges that upon acceptance of an order the Company immediately commits resources and incurs costs, including but not limited to: design development, CAD drawings and engineering preparation, material sourcing and procurement, factory scheduling and production allocation, labor and administrative time, project coordination and overhead, and reserved production capacity. Payments made toward an order compensate the Company for these committed costs and lost production opportunity.

(c) Discretionary Accommodations. In limited and exceptional circumstances, and solely at the Company's discretion, the Company may agree in writing to accept a cancellation or return, or to issue a partial refund or credit. Any such accommodation is evaluated on a case-by-case basis, taking into account the stage of production, the costs incurred and committed as described in subsection (b), and the condition and resale prospects of the product. No accommodation is effective unless agreed to by the Company in writing, and no accommodation creates any right to, or expectation of, any future accommodation.

(d) Custom Orders. Once a custom product has entered production or has been completed, no cancellation or return will be accepted, except where required by applicable law.

(e) In-Stock Orders. Once an in-stock order has been packed for shipment or shipped, no cancellation or return will be accepted, except at the Company's sole discretion.

(f) Returns After Delivery (If Approved). If, in rare circumstances, the Company agrees in writing to accept a return after delivery, Buyer is solely responsible for proper packaging and crating of the product in accordance with industry standards, arranging and paying for return shipping, and coordinating pickup and logistics. All such costs are the responsibility of the Buyer and are non-refundable. All returned products must be received in original condition, free from damage, and properly packaged. If any returned product is damaged, altered, improperly handled, or otherwise not in resalable condition, the Company reserves the right to deny any refund or credit entirely or to reduce it accordingly, up to the full value of the product.

(g) On-Site Damage. Products that have been damaged after delivery, including during unloading, handling, storage, or installation, are not eligible for return.

(h) No Buyer's Remorse. Orders may not be canceled or refunded due to changes in preference, design decisions, or project conditions.

(i) Compliance with Applicable Law. Nothing in this section limits any rights that may not be waived under applicable consumer protection laws of the United States (including California and other applicable states) or Canada. Where required by law, certain cancellation or refund rights may apply and will take precedence over this Agreement.

Product Images, Descriptions, and Presentation

17. Product Appearance. Product images displayed on our website or in printed materials are for illustrative purposes only. Due to factors beyond our control, the actual appearance of products may vary slightly from the images shown. We do not accept liability for such variations.

18. Natural Material Variations. Products crafted from natural materials may exhibit variations in color, texture, fossilization, and veining. These characteristics are inherent to natural stone and similar materials and contribute to their unique beauty. Such variations are not considered defects and do not qualify as valid reasons for returns or exchanges.

19. Accuracy of Information. We make every reasonable effort to ensure that product descriptions, specifications, and pricing are accurate at the time they are published on our website or in printed materials. However, information may occasionally be subject to updates or corrections, and may not always reflect the exact details at the moment an order is placed.

20. Color Representation and Photography Disclaimer. We strongly advise against making purchasing decisions based solely on product images. Colors may appear differently depending on environmental factors such as lighting conditions, wall colors, surrounding furnishings, and the amount of natural light. Additionally, digital displays — including phones, tablets, and monitors — render colors differently due to screen settings and automatic enhancements.

Please note that the color of your mantel or product will not match customer-provided photos. Instead, the final product color will correspond to the official color sample when viewed in your specific environment. All batches are mixed according to precise specifications to maintain consistent quality.

21. Rendered Images and Samples. Some images on our website or in marketing materials may be digitally rendered to closely represent our products for presentation purposes. For the most accurate representation, we strongly recommend ordering official color samples and material samples prior to purchase.

22. Product Dimensions. Because of the characteristics of natural and cast stone:

(a) Quoted dimensions and weight on an estimate or order will not be exact and are approximations only.

(b) In-stock products will be within ± ½" to 1" of specified dimensions.

23. Physical Characteristics of Stone.

(a) Natural (cut) stone products may have physical traits that are or resemble the effects of erosion in nature, such as small fractures, chips/chipping, and/or incising (naturally-occurring cuts, splits, or fissures). Such qualities are not deficiencies in the material or finished product.

(b) Using their best judgment regarding the appearance of the product and having regard to its structural integrity and suitability for purpose, our professional stonemasons/fabricators may take no action with respect to the effects of naturally-occurring wear-and-tear on a finished product or they may fill such traits with grout, epoxy, caulk, etc.

(c) Natural (cut) and cast stone products may have spotting and marks on the stone that occur either naturally or from the production/manufacturing process. Such qualities are also not deficiencies in the finished product.

24. Disclaimer on Published Information. Product descriptions and prices are presented in good faith on our website and in printed literature and are believed to be correct when published. Errors occasionally occur and we are not liable for errors or omissions in published information. We make no representations or warranties concerning the completeness or accuracy of such information and we are not obligated to honor published information. We reserve the right to change, delete, or otherwise modify the information on our website and in printed literature without prior notice. In no event are we responsible for damages of any kind resulting from the use of or reliance on information on our website or in printed literature. Although we make every reasonable effort to provide you with information that is accurate at the time it is provided, we do not warrant the accuracy of information or advice provided in emails or otherwise in writing to you or expressed verbally by employees. We are never responsible for any representations made by contractors, subcontractors, or any other third party. Prices shown are subject to change without notice.

Shipping & Delivery

25. (a) You will receive email notification that your product has left our warehouse (in-stock order) or factory (custom order) ("the shipment date") and has been turned over to the common carrier (shipping company). We will provide you with the name of the shipping company, your order's tracking number, and the shipping company's telephone number and/or website for tracking. Please ensure this information is provided to the representative who will be responsible for receiving delivery if that is not you.

(b) We ask our shippers to contact you (telephone or email) so you will know when to expect delivery. You should nevertheless track your shipment with the tracking information provided. If you have not been contacted within 4 to 5 days of the shipment date, call the shipping company and request the delivery date.

(c) Delivery dates and times are determined by the shipping company and are beyond our control. We cannot be held responsible for delays. We do not guarantee delivery schedules and any delivery date we indicate is approximate only and based on information provided to us by the shipping company. Check tracking information regularly and confirm your delivery date with the shipping company the day before.

(d) You are advised not to commit to an installation schedule with a third party until you have received delivery of your product and have inspected it for damage or missing pieces. We are not responsible for any costs or other losses incurred by you, your agents, or any other party because an installation schedule or any other appointment was made before the product was received and checked.

26. Shipping to Canada and International Destinations

(a) Destinations Served. Orders placed through our website checkout are shipped only to destinations within the United States. Orders shipped to Canada or other destinations outside the United States are handled exclusively through the direct-order process described in the Geographic Scope and Jurisdictional Limitations section of this Agreement.

(b) Customs, Duties, Taxes, and Tariffs — Buyer Responsibility. Regardless of destination, Buyer is solely responsible for all customs duties, import duties, taxes (including general sales tax, value-added tax, harmonized sales tax, and any similar taxes), tariffs, brokerage fees, customs clearance fees, and any other charges assessed by any customs or governmental authority in connection with the importation, exportation, or delivery of the Product. This responsibility applies both to shipments to the destination and, where applicable, to any return or re-shipment. Buyer acknowledges that tariff rates, duty rates, and import-related fees may change between the time of order and the time of delivery, and Buyer is responsible for any such changes. The Company does not collect these charges on Buyer's behalf except where expressly required by law.

(c) No Advice on Import Charges. It is Buyer's responsibility to obtain information about applicable customs duties, taxes, tariffs, and other import-related charges before placing an order. The Company cannot and does not provide advice about such charges.

(d) Canadian Orders — Cancellation. Consistent with Section 16, Canadian orders may not be cancelled and are not eligible for refund after delivery of the product(s) has been scheduled with the shipper, except where required by applicable Canadian consumer protection law. Given the extended processing time, customs documentation, cross-border logistics, and non-recoverable fees associated with Canadian shipments, Buyer is responsible for all shipping, customs, duties, tariffs, brokerage, and return-shipping fees, both outbound and inbound, associated with any cancellation, return, or other accommodation the Company may agree to in writing.

(e) International Orders — Cancellation. Consistent with Section 16, international orders (i.e., orders shipped outside the United States and Canada) may not be cancelled and are not eligible for refund after delivery has been scheduled with the shipper. Buyer is responsible for all shipping, export, customs, duties, tariffs, brokerage, and return-shipping fees, both outbound and inbound, associated with any cancellation, return, or other accommodation the Company may agree to in writing.

(f) Title and Risk of Loss on International Shipments. For orders shipped outside the United States, title and risk of loss pass to the Buyer upon delivery of the product to the common carrier at our facility, unless otherwise specified in a separate written agreement.

27. Delivery is curbside

(a) There must be a drop-off point visible from the street and clear of debris or other natural or non-natural impediments to unloading large, heavy crates/boxes. The area must be cleared of snow. Shipping company drivers do not unload crate(s)/box(es). Unloading a manufactured stone product is not a one-person job.

(b) We always request delivery by trucks equipped with power liftgates. However, such is not always available. You will need to check with the shipping company to determine if your delivery is by a power-liftgate-equipped vehicle. If so, you will need a crew of, at minimum, 2 to 3 physically-fit individuals to move crate(s)/box(es) onto and off the liftgate.

(c) If a power-liftgate-equipped truck is not available, we recommend you have a forklift and operator available at the expected delivery time. Neither the Company nor the shipping company is responsible if the product is damaged at the time of delivery, i.e., while being unloaded from the truck.

28. Shipping company unable to deliver

If delivery does not take place because you did not make the necessary arrangements (e.g., no suitable drop-off area, no one authorized to receive and sign for the delivery, no crew or equipment to unload crate(s)/box(es)), you will be responsible to the shipping company for all costs associated with the failed delivery, the storage of the crate(s)/box(es) pending rescheduled delivery, and the rescheduled delivery.

29. You must contact the shipping company directly (not us) if you need to reschedule delivery. The shipping company may charge a fee for rescheduling delivery and you will be responsible for paying that fee directly to the shipping company.

30. Shipping Damage, Concealed Damage, and Missing Pieces

The inspection and reporting deadlines in this Section are based on the policies and claim deadlines imposed by third-party freight (LTL) carriers and their insurance providers. Visible damage must be noted on the delivery receipt at the time of delivery. Under standard motor freight rules, concealed damage and shortages must be reported to the carrier within five (5) business days of delivery, and claims reported after that window may be denied by the carrier. Accordingly, timely inspection and reporting is a material condition of this Agreement.

We pack/crate products as much as possible to eliminate the possibility of damage during shipping. However, it can still happen. Please carefully review and follow these inspection and reporting instructions:

(i) All products are inspected and damage-free when packed and turned over to the shipping company.

(ii) The shipping company takes all industry-standard precautions to avoid damage during shipping.

(iii) We are not liable for damage during shipping. The shipping company is responsible for damage that occurs in transit. As a courtesy and not as an obligation, we may assist you in coordinating with the shipping company and/or its insurance company to have damaged products repaired or replaced, and we may carry out such repairs or replacement. Where you have complied with the inspection and reporting requirements of this Section — including noting visible damage on the Bill of Lading at delivery and reporting concealed damage or missing pieces within five (5) business days of delivery — we will use reasonable efforts to facilitate repair or replacement without additional charge to you, subject to recovery from the shipping company or its insurer. We reserve the right to apply additional charges to repair or replace damaged products where damage is reported after the applicable reporting window or where the inspection and reporting requirements of this Section have not been met.

(iv) The shipping company's responsibility for damage ends when the truck arrives at the drop-off point. Drivers do not unload and you are responsible for unloading and for any damage that occurs during unloading.

(v) Visual inspection. Before your delivery is removed from the truck, inspect it for visible external damage to the crate(s)/box(es) or packaging. Use a flashlight if necessary. Minor scuffing or shallow tears to external packaging do not indicate damage.

(vi) If you see what appears to be material damage (i.e. damage significant enough to indicate your product may be damaged taking into account that we pack product in foam and/or plastic wrap within weight-appropriate crates), DO NOT SIGN FOR OR ACCEPT DELIVERY, i.e. do not remove the product from the truck, WITHOUT FIRST:

(A) Taking photographs of the crate(s)/box(es) showing the visible damage. Take as many photographs as you believe are necessary; you may also wish to record a video circling the crate(s)/box(es), paying particular attention to the visibly damaged area(s);

(B) Contacting us by telephone for instructions and following those instructions;

(C) If the delivery takes place outside our normal business hours, contacting the shipping company and reporting the visible damage and following their instructions;

(D) If you are unable to reach us or the shipping company or have been instructed to accept delivery (which is likely), or if external damage is not visible until the crate(s)/box(es) are off the truck, print "VISIBLE DAMAGE TO CRATE/BOX" on the Bill of Lading/delivery receipt the driver will require you to sign. If you do not observe visible external damage, but you have not opened the crate(s)/box(es), which is likely, write "DELIVERY ACCEPTED – CONTENTS HAVE NOT BEEN EXAMINED." Do not let the driver do this for you;

(E) NEITHER THE SHIPPING COMPANY NOR THE COMPANY will accept liability for repairing or replacing product damaged during shipping if the notations in subsection (D) are not noted on the Bill of Lading/delivery receipt.

(vii) Inspection after unpacking. AS SOON AS POSSIBLE after delivery — within 24 hours is strongly recommended (immediately after delivery is best unless there is insufficient light), and in all cases within five (5) business days of delivery — remove all packing material from the product and inspect for damage. Take photographs of any damage.

(viii) THE SHIPPING COMPANY MAY REFUSE A CLAIM FOR CONCEALED DAMAGE OR SHORTAGE REPORTED MORE THAN FIVE (5) BUSINESS DAYS AFTER DELIVERY, and we are never responsible for shipping damage. Prompt reporting protects your ability (and ours) to recover from the carrier.

(ix) If you observe damage after unpacking the product, contact us immediately — and in all cases within five (5) business days of delivery — for instructions. Note that instructions will include:

(A) You will be required to make a written (email) report of the damage you observed and to send that report and photographs to us;

(B) You will be required to save all broken pieces of stone and all packaging material.

(x) Missing pieces. Products are manufactured and shipped in pieces that require assembly. When inspecting the product for damage, compare the pieces to your order. Report any missing pieces to us within five (5) business days of delivery.

31. With respect to damage, we will at our sole discretion decide whether to repair or replace the product or piece. Sometimes we send extra pieces and we will not repair or replace a damaged piece if it is not necessary to do so. If we need to manufacture a damaged or missing piece, we will do so on a rush basis but we may need to order additional material from a supplier. We will endeavor to deliver replacement pieces on an expedited basis, with estimated timing communicated at the time of the claim. In rare situations (e.g., a custom item is too fragile to be shipped back to us for repair without further damage), we may in our sole discretion credit your invoice so that you may have the piece repaired locally.

32. (a) Deemed acceptance. If we do not receive written (email) notice of an issue (shipping damage, concealed damage, or missing piece(s)) from you within five (5) business days of delivery, you are deemed to have received the complete product in good condition with respect to shipping damage and missing pieces, and neither the Company nor the shipping company has any further obligation to you with respect to such issues. This subsection applies to shipping damage, concealed damage, and missing pieces; claims for manufacturing defects are governed by Sections 38 through 41 of this Agreement.

(b) We assume no responsibility for any product, material, or property that is stolen, broken, damaged, or misplaced after the product has been delivered to the job site.

Assembly & Installation

33. Buyer Responsibility for Installation. The Company does not install Products. Buyer is solely responsible for arranging and paying for professional assembly and installation on site. Select a contractor with experience assembling and installing stone fireplaces, mantels, surrounds, range hoods, bathtubs, or architectural products. Installation should never be attempted as a DIY project and must be performed by a trained, qualified professional to ensure optimal performance and longevity. It is important to work with qualified, skilled, and experienced tradesmen using proper equipment and materials, while following all codes and proper installation methods. Maintaining the surrounding areas, using products correctly, and regularly inspecting the home and its functions are crucial for the longevity of our products.

34. Site Preparation and Access. Buyer is solely responsible for:

(a) All substrate preparation of the site, including levelling the hearth-designated area, prior to installation. The Company is not equipped to perform this type of work;

(b) Ensuring that the job site is accessible for delivery and inspection, including providing safe and unobstructed access, necessary permissions, adequate space for delivery vehicles, and any required equipment or personnel. Failure to provide access may result in additional charges, delays, or failed delivery, all of which shall be the responsibility of the Buyer;

(c) Ensuring the work area is clear and all furnishings have been removed from the room where the product is to be installed, that flooring and finishes are protected, and that there is lighting sufficient for a renovation project;

(d) Any damage to floors, walls, ceilings, finishes, fixtures, or furniture that occurs during assembly, installation, or movement of the product from one place to another on the site (i.e. from the drop-off point to the room in which it will be installed).

35. No Company Liability for Installation. The Company does not install Products and does not currently make installer recommendations. The Company is not responsible for any aspect of the installation of its Products. The Company does not warrant the work of any contractor, installer, or third party performing installation, including any installer that the Company may have informally mentioned, referred, or recommended at any time. Any such mention, reference, or recommendation, whether past or present, is provided as a courtesy only and does not create any relationship of agency, partnership, or endorsement between the Company and the installer. Buyer contracts directly with the installer of its choice and is solely responsible for the workmanship, performance, and conduct of its installer.

36. Photography and Use of Images. From time to time, photographs and videos of Products taken by the Company (including from prior installations performed by the Company in years past) may appear on our website, social media, or other marketing materials. By placing an order, you acknowledge that such existing imagery may continue to be used. In addition, if you voluntarily provide the Company with photographs or videos of the Product (whether before, during, or after installation), you grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such imagery in connection with our marketing materials, website, and social media. Any such use will focus on the Product itself and will not identify you personally without your consent.

Product Compliance and Code Responsibility

37. (a) The Company supplies cast stone and natural stone fireplace mantels, over-mantels, surrounds, and range hoods. Certain cast stone/Limestone Cast products may contain an EPS foam core/back component typically encased in cast stone. Surface burning characteristics of our cast stone have been tested under ASTM E84 with results of 0 Flame Spread / 0 Smoke Developed (Passed).

(b) It is the sole responsibility of the purchaser, contractor, builder, designer, or their agents to ensure compliance with all applicable building codes, including any requirements relating to EPS foam core, prior to installation or use of any Product. This applies to all Products supplied by the Company, including but not limited to fireplace mantels, over-mantels, surrounds, and range hoods. The Company makes no warranty of code compliance and accepts no liability for non-compliance. The purchaser and their agents agree to indemnify and hold the Company harmless from any claims, damages, or penalties arising from such non-compliance.

(c) The Company only provides information about the general size, fit, and anchoring of its Products. Responsibility for constructing the fireplace itself, and for ensuring it meets the requirements of federal, state, and local codes and any restrictions imposed by the manufacturer of any prefabricated fireplace, remains with the builder, general contractor, contractor, sub-contractor, or homeowner. The Company assumes no liability for fireplaces or installations that are not safe or do not meet code, and cannot provide advice about whether or not a fireplace or installation is safe or code compliant.

(d) If you have any concerns about the safety of your fireplace or installation before or after the installation of our Products, consult a qualified fire safety professional or your local building authority.

Product Warranty and Limitation of Liability

38. Warranty. We warrant that our products will be free from defects in materials and workmanship when used reasonably, in accordance with provided instructions, and consistent with generally accepted industry standards and practices. All products are warranted only within accepted industry tolerances.

Except as expressly stated above, no other warranties are provided, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Our liability is strictly limited, at our sole discretion, to the replacement or supply of sufficient product to address any verified defect.

By accepting and using this product, the purchaser agrees that we shall not be liable for any additional claims or damages, including incidental, consequential, or indirect damages, whether arising from breach of warranty, negligence, or any other cause. The purchaser is responsible for inspecting all products prior to installation, as installation constitutes full acceptance of the product.

This warranty may not be modified, extended, or altered by any representatives, distributors, or dealers.

Natural variations in color, texture, and finish — as described in Sections 18, 23, and 40 of this Agreement — are inherent to handcrafted cast stone (limestone cast) and natural stone, are to be expected, and are not considered defects.

39. Pre-Installation Inspection and Reporting. Manufacturing defects would be visible immediately upon delivery and as such must be reported within 7 days of delivery and before installation. All workmanship warranty claims must be submitted before installation is completed. Workmanship warranty claims cannot be processed for products that have already been installed. Installation of the product by you or your contractor constitutes full acceptance of the product and conclusive acknowledgment that the product was free from visible defects at the time of installation. All shipping/delivery damage must be noted on the Bill of Lading and reported in accordance with Section 30.

40. Exclusions from Warranty. The following are expressly excluded from any warranty and are not considered defects covered under this Agreement:

(a) Any fractures, breaks, chips, scratches, cracks, or other damage that occurs after installation. Such damage is presumed to result from on-site conditions, handling, installation methods, or use, and is not covered under the workmanship warranty;

(b) Non-structural damage, including hairline cracks, surface cracks, and minor surface variations, which occur naturally over time in cast stone and natural stone products and do not affect the structural integrity of the product;

(d) Damage resulting from improper installation, DIY installation, or installation performed by any party other than a qualified professional;

(e) Damage resulting from on-site conditions, including but not limited to improper substrate preparation, moisture, settling of the structure, framing issues, thermal expansion, or any other environmental or structural factors;

(f) Damage resulting from misuse, neglect, improper maintenance, or failure to follow care instructions;

(g) Natural variations in color, texture, fossilization, and veining inherent to natural stone and cast stone materials, as described in Sections 17-23 of this Agreement;

(h) Any damage or failure caused by fire exposure beyond normal fireplace use, chemical exposure, abrasive cleaners, or impacts;

(i) Cosmetic variations that fall within industry-accepted tolerances.

41. Remedy. Our sole obligation and the Buyer's exclusive remedy under this warranty is, at our sole discretion, repair, replacement, or supply of sufficient product to address any verified manufacturing defect reported within the time periods and conditions specified above. We do not cover labor, removal, re-installation, or any consequential costs associated with a warranty remedy.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. Some jurisdictions do not allow limitations on implied warranties, so certain limitations may not apply to you.

Please review our Care and Maintenance, Installation Guides, and FAQ to avoid any problems that can occur to cast stone and natural stone products like ours.

Limitation of Liability

42. In addition to limitations to our responsibility stated elsewhere in this Agreement and to the fullest extent as may be disclaimed at law:

Nothing in this Agreement excludes or limits liability for gross negligence, willful misconduct, fraud, or any liability that cannot be excluded or limited under applicable law.

(a) We are not liable for failures to perform, or for delays in the performance of, any obligations under this Agreement that result wholly or in part from any factor(s) beyond our direct and immediate control.

(b) We are not liable for costs or losses of any nature that you incur as a direct or indirect result of delays in the production or delivery of one or another of our products, whether or not such delays are reasonable. Without limiting the generality of the foregoing, we are not liable for costs or losses of any nature relating to delayed openings (e.g., delays to the "grand opening" of a retail location), delayed closing dates (e.g., delays to the closing of the sale of a home), and/or delayed inspection dates during or at the anticipated conclusion of a construction project.

(c) We are not liable to you for the sale of products and/or provision of services, or any delays related thereto whether within or beyond our control, whether for breach of contract, warranty, negligence, strict liability, in tort (including without limitation, negligence), or otherwise for pre-contractual or other representations (other than fraudulent misrepresentations) that result in (1) economic or commercial loss (including without limitation loss of revenue, profits, contracts, business, savings or anticipated savings); (2) any loss of goodwill or reputation; (3) any special, punitive, indirect, consequential, or incidental loss or damages (including without limitation, loss of use, loss of time, or inconvenience); whether such are suffered by you, your agent, or a third party.

(d) In no event will our total liability to you arising out of or in any way related to our sale of products or provision of services to you exceed the total charge (exclusive of taxes) on the invoice for your order.

43. (a) Without limiting the generality of Section 42, in the event the manufacture or delivery of our product is part of a larger project and whether or not that project is being carried out in whole or in part or overseen by a general or other contractor, under no circumstances will we be liable to the property owner, general contractor, or any other contractor, agent, supplier, or third party for costs or losses resulting from delays of whatsoever nature to any other part or parts of the project caused by or any way related to delays arising out of the manufacture or delivery of our product. For certainty, we will not be responsible whether such liability purports to arise from breach of contract, warranty, negligence, strict liability, in tort (including without limitation, negligence), or otherwise for pre-contractual or other representations (other than fraudulent misrepresentations) whether the result is (1) economic or commercial loss (including without limitation loss of revenue, profits, contracts, business, savings or anticipated savings), (2) loss of goodwill or reputation, or (3) special, punitive, indirect, consequential, or incidental loss or damages (including without limitation, loss of use, loss of time, or inconvenience).

(b) In no event will our total liability arising out of Section 43(a) exceed the total charge (exclusive of taxes) on the invoice for the order for our product(s) and/or services.

44. Precedence

(a) In the event of a conflict, the terms of this Agreement take precedence over the terms of any contract between us and a general or other contractor or party, no matter the dates on the contracts. This Section 44 takes precedence over language in any other contract claiming precedence either generally or over this Agreement in particular.

(b) In no event will delivery of our product be hindered or barred from the site of a project. The contractor or installer hired by the property owner to install our product will have reasonable access to the site (generally and to the location of the installation of our product specifically) to install our product. To the extent the Company or its representatives require access to the site for any purpose related to our Products — including without limitation to inspect for compliance with the terms of this Agreement — such reasonable access will be provided.

Intellectual Property

45. (a) All designs represented or described on our website or in any material provided to you (drawings, estimates, orders, invoices, etc.) are the property of Stone Fireplaces, LLC and cannot be used or reproduced without written consent.

(b) Stone Fireplaces, LLC, and where applicable its licensors, claim trademark protection to the full extent of the law of all names, brands, and marks displayed on our website, in printed literature, or in any material provided to you.

(c) Stone Fireplaces, LLC, and where applicable its licensors, claim trademark and copyright protection to the full extent of the law to all products manufactured by Stone Fireplaces, LLC and all related designs and artistic expressions.

(d) All products supplied by us, including but not limited to mantels, bathtubs, and range hoods, are individually handcrafted and constitute "works of artistic craftsmanship" within the meaning of applicable copyright and intellectual property laws. These products are protected under such laws, together with all related designs, specifications, and artistic expressions.

(e) Any professional photography, videography, or other visual reproduction of our products, whether for commercial or promotional purposes, requires prior written consent from us.

(f) Where permission for photography or visual reproduction is granted, the creator must provide clear and prominent credit to Stone Fireplaces, LLC in connection with any use or display, including but not limited to social media posts, printed materials, online publications, marketing collateral, and video content.

(g) Unauthorized reproduction, distribution, public display, or creation of derivative works based on our products is strictly prohibited and may result in legal action, including but not limited to claims for copyright infringement, damages, and injunctive relief.

Design Ownership

46. Designs Created by the Company. All designs, drawings, CAD files, shop drawings, renderings, and finished product designs created by Stone Fireplaces, LLC — whether based on a customer's general request, specifications, inspiration imagery, or otherwise — are the sole and exclusive property of Stone Fireplaces, LLC. Buyer acknowledges and agrees that all rights, title, and interest in and to any such Company-created designs, including any intellectual property rights, vest exclusively with Stone Fireplaces, LLC. Buyer has no rights or claims to these designs and may not use, reproduce, modify, distribute, or share them without prior written consent from Stone Fireplaces, LLC.

47. Customer-Provided Inspiration Material. The Company recognizes that customers may submit inspiration photos, references, sketches, or other reference materials to communicate their preferences. Submission of such reference material does not transfer ownership of the underlying material to the Company. Buyer represents and warrants that any reference material submitted does not infringe the rights of any third party, and Buyer grants the Company a non-exclusive license to use such reference material solely for the purpose of fulfilling Buyer's order.

48. Feedback. If you provide us with any feedback, suggestions, comments, ideas, or recommendations about our products or services ("Feedback"), you grant Stone Fireplaces, LLC a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and exploit such Feedback for any purpose, without any obligation or compensation to you. You represent and warrant that you have the right to provide such Feedback.

49. Acceptance of Design Ownership Terms. By placing an order with or commissioning custom work from Stone Fireplaces, LLC, Buyer acknowledges and agrees to be bound by the terms of this section. These terms apply immediately upon order acceptance and shall have legal effect without requiring any additional signatures or forms.

Dispute Resolution

50. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA"), rather than in court, except that either party may bring an individual claim in small claims court if the claim qualifies for and remains in that court. Consumer disputes will be administered under the AAA's Consumer Arbitration Rules; disputes between businesses will be administered under the AAA's Commercial Arbitration Rules.

Arbitration shall be conducted on an individual basis. For consumer disputes, any in-person hearing will be held at a location determined in accordance with the AAA's Consumer Arbitration Rules that is reasonably convenient to the consumer, and hearings may be conducted by videoconference or telephone where those Rules permit. For disputes between businesses, arbitration shall be conducted in DuPage County, Illinois, or such other location as the parties may mutually agree. Buyer expressly waives any right to participate in a class action, class arbitration, or representative proceeding. Buyer agrees that any claim must be brought solely in their individual capacity.

Notwithstanding the foregoing, the Company may pursue claims in court for unpaid invoices, intellectual property violations, or injunctive or other equitable relief. If arbitration is found unenforceable in a given jurisdiction, disputes shall be resolved exclusively in the state or federal courts located in DuPage County, Illinois.

Governing Law. This Agreement shall be construed and governed by the laws of the State of Illinois, United States, without regard to its conflict of law principles. Any matters in respect of this Agreement not subject to arbitration shall be submitted to, and determined by, a court of competent jurisdiction in DuPage County, Illinois, subject to applicable consumer protection laws of the United States and Canada. You irrevocably waive any claim of inconvenient forum, and expressly waive the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any laws of any jurisdiction outside the United States or Canada.

Indemnification

51. You agree to indemnify, defend, and hold Stone Fireplaces, LLC, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively referred to as the "Indemnified Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

(a) Your breach of this Agreement or the documents it incorporates by reference;
(b) Your violation of any law or the rights of a third party;
(c) Any representation or warranty made by you to a third party that exceeds or is inconsistent with this Agreement or our published product information;
(d) Your negligence or willful misconduct;
(e) Any claim arising from improper installation, unauthorized modification, or misuse of the product.

Prompt Notice. In the event of any claim or demand against the Indemnified Parties, Stone Fireplaces, LLC will promptly notify you and provide reasonable cooperation to defend against such claim or demand, at your expense.

Exclusive Defense. Stone Fireplaces, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to fully cooperate with Stone Fireplaces, LLC in asserting any available defenses.

Indemnification Continuity. This indemnification clause shall remain in effect even after the termination or expiration of this Agreement.

Payment Terms, Late Payment, and N.S.F. Charges

52. (a) You agree you will not withhold timely payment of any invoice amount by reason of any right, claim, or dispute with us relating to products or services purchased.

(b) Invoices are payable within thirty (30) days of the invoice date, unless otherwise specified on the invoice or agreed upon in writing. Past due accounts will be charged a late payment fee at the periodic rate of one and one-half percent (1.5%) per month (18% annually), or the maximum rate permitted by applicable law, whichever is lesser.

Privacy and Communications

53. Privacy. Your use of our website and services is governed by our Privacy Policy, which is incorporated into this Agreement by reference and can be found at artisankraft.com. By transacting with us, you acknowledge that personal information provided during the order process may be collected, stored, and used in connection with fulfilling your order and communicating with you, including by third-party service providers such as our payment processor (Stripe), surcharge compliance service (Yeeld), and sales tax compliance service, as described in our Privacy Policy. Applicable privacy rights under U.S. state privacy laws (including California's CCPA/CPRA and the laws of Virginia, Colorado, Connecticut, Utah, Texas, and other applicable states), Canadian privacy law (PIPEDA and applicable provincial laws), or other applicable laws are not waived by this Agreement.

54. Electronic Communications Consent. By transacting with us, you consent to receive communications from us electronically, including by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

55. Text Message (SMS) Consent. By providing your phone number to us, you consent to receive transactional text messages from Stone Fireplaces, LLC regarding your order or inquiry, including order confirmations, shipping updates, delivery coordination, and clarifying questions about your order. Message frequency varies. Standard message and data rates may apply. Reply HELP for help or STOP to opt out at any time. We do not send marketing text messages without your separate express written consent. See our Privacy Policy for additional details.

General Provisions

56. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

57. Waiver. No failure or delay by the Company in exercising any right under this Agreement shall constitute a waiver of that right. No waiver of any breach shall be deemed a waiver of any subsequent breach.

58. Assignment. Buyer may not assign or transfer this Agreement or any rights or obligations hereunder, whether by operation of law or otherwise, without prior written consent of the Company. The Company may assign this Agreement at its sole discretion, including in connection with a merger, acquisition, or sale of assets.

59. No Third-Party Beneficiaries. This Agreement is for the sole benefit of Buyer and the Company and their permitted successors and assigns. Nothing in this Agreement creates any rights in any third party, except as expressly provided in Section 51 (Indemnification).

60. Relationship of the Parties. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between Buyer and the Company.

61. Survival. Provisions of this Agreement that by their nature should survive termination or completion — including without limitation confidentiality, intellectual property, design ownership, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and governing law — shall survive termination or completion of this Agreement.

62. Entire Agreement. This Agreement, together with any documents incorporated by reference (including our Privacy Policy and Terms of Service), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.

63. Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.

Notices

64. All notices required or permitted under this Agreement must be in writing and delivered via email to the contact information provided on the invoice or to [email protected]. Notice is deemed delivered upon confirmed email receipt.

Changes to Agreement

65. We reserve the right to modify these Terms & Conditions of Sale from time to time. For existing orders, the terms in effect at the time of order acceptance will govern that order, unless a modification is required by applicable law. For new orders, the current version of these Terms & Conditions of Sale posted on artisankraft.com will apply. We encourage you to review these Terms periodically.

Last Updated: 2026